1.2 Describe the Organisation of the Criminal Justice System

• Police

  • responsible for enforcing the law
  • investigate crimes, collect evidence, and arrest, detain, and question suspects
  • they have the power to issue cautions or fixed penalty notices, but in all other cases, they send the files to the CPS to decide whether to prosecute
• Law Creation

  • Parliament passes acts (legislation and statute law)
  • judges create law by setting judicial precedents that courts below them must follow
  • this system is administrated by the Ministry of Justice and the Home Office
• The Crown Prosecution Service (CPS)

  • independent prosecution service for England and Wales, dealing with 1/2 million cases a year
  • they advise police on lines of inquiry and evidence needed
  • assess the evidence and use it to decide whether to prosecute and with what charges
  • decisions are based in applying the Full Code Test
  • prepares and presents the prosecution case in court
• HM Courts & Tribunal Service

  • responsible for the administration of the courts and tribunal service
  • liaison with the police, independent security firms, and prisons to ensure safe delivery of prisoners to and from court
• HM Prison & Probation Service

  • this agency carries out sentences given to offenders
  • prison service supervises offenders in custody and works with probation services when a prisoner is to be released
  • National Probation Service supervises offenders who are serving sentences in the community, including prisoners who have bee released on licence